WORLD TRADE  
ORGANIZATION  G/ADP/N/1/MKD/2 
2 November 2007 
 (07-4781) 
Committee on Anti-Dumping Practices Original:   English 
  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 18.5 OF THE AGREEMENT 
 
REPUBLIC OF MACEDONIA 
 
 
 The following communication, dated 24 October 2007, is being circulated at the request of 
the Delegation of the Republic of Macedonia.    
_______________ 
 
  With reference to Article 18.5 of the Agre ement on Implementation of Article VI of the 
GATT 1994, the Government of the Republic of Macedonia submits the Decision on Procedure and 
the Method of Determining Anti-Dumping Duty No. 19-5270/1 of 4 September 2007, relevant to the 
Agreement.  The Decision was published in the Offi cial Gazette No. 109 of 12 September 2007.  An 
unofficial translation of the Decision is enclosed.    G/ADP/N/1/MKD/2 
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  Pursuant to Article 45b paragraph 8 of the Law on Trade (Official Gazette 16/2004, 128/06 
and 63/07) and Article 36 paragra ph 3 of the Law on the Government of the Republic of Macedonia 
(Official Gazette 59/2000, 12/03, 55/05 and 37/06), the Government of the Republic of Macedonia on 
its session held on 4 September, 2007 has adopted  
 
DECISION 
on Procedure and Method of Determining Anti-dumping Duty 
 
 
I. GENERAL PROVISIONS 
 
Article 1 
 
This Decision sets up the procedure and the method of determining anti-dumping duty.   
 
 
Article 2 
Principles 
 
The Commission on Protective Measures (hereinaft er:  the Commission) shall propose to the 
Government of the Republic of Macedonia to impo se an anti-dumping duty on products imported into 
the Republic of Macedonia when, it determines pursu ant to an investigati on initiated and conducted 
that the product is imported at price less than its nor mal value (dumping) and that there is injury to the 
domestic industry and causal link between such an import and injury to the domestic production.   
 
 The exporting country shall mean the country of  origin of the product, and in case of product 
that is not exported to the Republic of Macedonia di rectly from the country of origin, it is a country 
from which the product is imported.     The term "like product" shall be interpreted to mean a product which is identical, i.e. alike in 
all respects, to the product under consideration, or in the absence of such a product, another product 
which, although not alike in all respects, has char acteristics closely resembling those of the product 
under consideration.     The term "domestic industry" shall be inte rpreted as referring to the domestic producers as a 
whole of the like products or to those of them whose collective output constitutes a major proportion, 
as defined in Article 13 paragraph 1 , of the total production of those products, except that when 
producers are related to the exporte rs or importers or are themsel ves importers, the term" domestic 
industry" may be interpreted as referring to the rest of the producers.     
II. DETERMINATION OF DUMPING 
 Normal value
 
 
Article 3 
Determination of normal value 
 
 The Commission shall determine the normal va lue of the product under consideration on the 
basis of the price paid or payable, in the ordinary course of trade, by independent customers in the exporting country.     G/ADP/N/1/MKD/2 
 Page 3 
 
 
   When the exporter in the exporting country does not produce or does not sell the like product, 
the normal value may be established on the basis of prices of other sellers or producers.     Prices between parties which appear to be associated or to have a compensatory arrangement with each other may not be considered to be in the ordinary course of trade and may not be used to 
establish normal value unless it is determined that they are unaffected by the relationship.   
  The normal value shall be determined on the basis of sales of the like product intended for 
domestic consumption in the exporting country if su ch sales volume constitutes 5 per cent or more of 
the import volume of the product under consid eration to the Republic of Macedonia.   
 
 When there are no or insufficient sales of the like product in the ordinary course of trade or 
when, because of the particular market situati on such sales do not permit a proper comparison, the 
normal value shall be determined on the basis of the cost of production in the country of origin plus a reasonable amount for selling, general and administra tive costs and for profits, or on the basis of the 
export prices, to an appropriate third country, provided that those prices are representative.   
  
Article 4 
Sales at prices below costs 
  The sales of the like product in the domestic market of the exporting country, or export sales 
to a third country, at prices below unit production co sts plus administrative, selling and general costs 
may be treated as not being in the ordinary course of trade by reasons of price, only if is determined 
that such sales are made within an extended  period of time in substantial quantities.   
 
 An extended period referred to in  paragraph 1 of this Article, sh all be considered a period of 
one year but shall in no case be less than six months.     Substantial quantities referred to  in paragraph 1 of this Article , shall be considered the volume 
of sales more than 20 per cent of the sales be ing used to determine normal value.   
 
 
Article 5 
Determination of costs 
 
 Production costs shall be calculated on the basis of records kept by the exporter or producer.  
If the records do not reflect the cost associated w ith the production and sale of the product, they shall 
be determined on the basis of all available evidence  on the proper allocation of costs, including that 
which is made available by the exporter or prod ucer in the course of the investigation.   
  The amounts for selling, for general and administ rative costs and for profits shall be based on 
actual data pertaining to production and sales, in the ordinary course of trade of the like product, by 
the exporter or producer under investigation.   
  When such amounts cannot be determined on this basis, they shall be determined on the basis 
of:    
 (a) the weighted average of the actual costs of other exporters or producers subject to 
investigation in the market of the country of origin;   
  (b) the actual production and sales costs in th e ordinary course of trade, of the same 
general category of products for the exporter or producer in question in the market of 
the country of origin;   G/ADP/N/1/MKD/2 
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   (c) any other available data, provided that the amount for profit so established shall not 
exceed the profit realized by other exporters or producers on sales of products of the same general category in the market of the country of origin.   
  
Export price
 
 
Article 6 
Determination of export price 
  The export price shall be the price actually paid or payable for the product when sold for 
export from the exporting country to the Republic of Macedonia.     In cases where there is no export price or wher e it appears that the export price is unreliable 
because of an association or compensatory arrangeme nts between the exporter and the importer or a 
third party, the export price may be construed on th e basis of the price at which the imported products 
are first resold to an independent buyer, or, if the products are not resold to an independent buyer, or 
are not resold in condition in which they were im ported, on the basis of other available data.   
  Comparison
 
 
Article 7 
Comparison of the export price and the normal value 
 
 A fair comparison shall be made between th e export price and the normal value.  This 
comparison shall be made at the same level of trade and in respect of sales made at as nearly as 
possible the same time and with due account ta ken of other differences which affect price 
comparability.     Where the export price and the normal value are not  comparable, they need to be adjusted for 
each individual case pursuant to criteria under Article 2 of the Agreement on application of Article VI 
of the General Agreement on Tariffs and Trade 1994.   
  Dumping margin
 
 
Article 8 
Determination of dumping margin 
 
 Dumping margin shall be determined on the basis of a comparison of a weighted average normal value with a weighted average of prices of all export transactions, or by a comparison of individual normal values and individual export prices on a transaction-to-transaction basis.   
 
 The dumping margin is the difference between the normal value and the export price.  Where 
dumping margins vary, a weighted average dumping margin shall be determined.   
  G/ADP/N/1/MKD/2 
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  III. DETERMINATION OF INJURY AND THREAT OF INJURY 
 
Article 9 
Determination of injury 
  A determination of injury shall be based  on positive evidence and involve an objective 
examination of:     (a) the volume of dumped imports and the effect of the dumped imports on prices in the 
domestic market for like products;  and 
 (b) the consequent impact of those imports on the domestic industry.   
  With regard to the volume of the dumped impor ts, consideration shall be given to whether 
there has been a significant increase in dumped impor ts, either in absolute terms or relative to 
production or consumption in th e Republic of Macedonia.   
 
 With regard to the effect of the dumped imports  on prices, consideration shall be given to the 
following factors:     (a) whether there has been significant pr ice undercutting by the dumped imports as 
compared with the price of a like product of the domestic industry;  or 
 
 (b) the effect of such imports is otherwise to depress prices to a significant degree or 
prevent price increases, which would otherwise have occurred, to a significant degree.   
  No one or more of the factors in paragraphs  1 and 2 of this Article can necessarily give 
decisive guidance.   
  Where imports of a product from more than one country are simultaneously subject to anti-
dumping investigations, the effects of such impor ts shall be cumulatively assessed only if it is 
determined that the margin of dumping established in relation to the imports from each country is 
more than de minimis , and that the volume of imports from each  country is not negligible as defined 
in Article 13 paragraph 6, 7 and 8 of this Decision,  and that a cumulative assessment of the effects of 
the imports is appropriate in light of the conditio ns of competition between imported products and the 
conditions of competition between the imported products and the like domestic product.   
  
Article 10 
Causal link 
 
 In determining causal link between dumped impor ts and injury to the domestic industry, the 
Commission shall take into account all relevant economic factors and indices having a bearing on the 
state of the industry, including:   
 
- the magnitude of the actual margin of dumping;   
- actual and potential decline in sales, profits, output, market share, productivity, return 
on investments and utilization of capacity;   
- factors affecting domestic prices;   
- actual and potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise capital or investments.   
  This list is not exhaustive, nor can any one or  more of these factors necessarily give decisive 
guidance.   
 G/ADP/N/1/MKD/2 
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   It must be demonstrated, from all the relevant  evidence presented in relation to paragraph 1 of 
Article 9, that the dumped imports are causing in jury within the meaning of this Decision.   
  The Commission shall also examine any known factors other than the dumped imports which 
at the same time are injuring the domestic industry,  and the injuries caused by these other factors must 
not be attributed to the dumped imports.   
  The effect of the dumped imports shall be ass essed in relation to the domestic production of 
the like product when available data permit the sep arate identification of that production on the basis 
of such criteria as the production process, producers' sales and profits.  If such separate identification 
of that production is not possible, the effects of the dumped imports shall be assessed by the 
examination of the production of the narrowest gr oup or range of products, which includes the like 
product, for which the necessary information can be provided.     
Article 11 
Threat of injury 
 
 A determination of threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility.    
 In making a determination regarding the existence of a threat of material injury, consideration 
should be given to such factors as:     (a) a significant rate of increase of dumped imports into the Republic of Macedonia, 
indicating the likelihood of subs tantially increased imports;   
 
 (b) sufficient freely disposable capacity of the exporter or an immi nent and substantial 
increase in such capacity indicating the likelihood of substantially increased dumped exports to the Republic of Macedonia, account  being taken of the availability of other 
export markets to absorb any additional exports;   
 
 (c) whether imports are entering at prices that would, to a significant degree, depress 
prices or prevent price increases which otherwise would have occurred, and would probably increase demand for further imports;  and 
  (d) inventories of the product being investigated.   
 
 No one of the factors listed above by itself can necessarily give decisive guidance but the 
totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury will occur.     IV. CONDUCT OF INVESTIGATION 
 
Article 12 
Initiation of proceedings 
  A written claim for regulating anti-dumping duty (hereinafter referred to as "the claim") may 
be submitted by any natural or le gal person or trade association acting on behalf of the domestic 
industry.     A claim referred to in paragraph 1 of this Ar ticle, shall include evidence of dumping, injury 
and a causal link between the dumped imports a nd the injury to the domestic industry.    G/ADP/N/1/MKD/2 
 Page 7 
 
 
   A claim referred to in paragraph 1 of this Ar ticle, shall contain the following information:   
 
(a) the identity of the claimant company and the volume and value of the domestic 
production of the like products.  Where a cl aim is made on behalf of the domestic 
industry, the claim shall identify the industry  on behalf of which the claim is made by 
a list of all known domestic producers of the like products (or associations of 
domestic producers of the like products) and, to the extent possible, a description of 
the volume and value of domestic production of the like products by such producers;   
 
(b) a description of the imported product that comprise the tariff classification (8 or 
10 digits) and a description pursuant to the Customs Tariff Regulations;   
 
(c) the names of the country or countries of origin or export in question, the identity of 
each known exporter or foreign producer a nd a list of known persons importing the 
product in question;   
 
 (d) information on prices at which the produc t in question is sold when destined for 
consumption in the domestic markets of the country or countries of origin or export, 
as well as information on export prices.   
 
(e) information on the volume of imports, the effect of those imports on prices of the like 
product in the domestic market and the c onsequent impact of the imports on the 
domestic industry, as demonstrated by rele vant factors having a bearing on the state 
of the domestic industry, such as those listed in Article 9 and 10 of this Decision.   
  The Commission shall, as far as possible, examin e the accuracy and adequacy of the evidence 
provided in the claim, to determine whether there is  sufficient evidence to justify the initiation of an 
investigation.     
Article 13 
Decision on initiation of investigation 
 
 An investigation shall not be initiated unl ess Commission has determined, on the basis of an 
examination as to the degree of support for, or opposition to, the claim expressed by the domestic 
producers of the like product, that the claim has been made by or on behalf of the domestic industry.  The claim shall be considered to have been made by or on behalf of the domestic industry if it is 
supported by those domestic producers whose collec tive output constitutes more than 50 per cent of 
the total production of the like product produced by  that portion of the domestic industry expressing 
either support for or opposition to the claim.     No investigation shall be initiated when domestic producers expressly supporting the claim 
account for less than 25 per cent of total production of the like product produced by the domestic 
industry.   
  The Commission shall avoid, unless a decision has been made to initiate an investigation, any 
publicizing of the claim for the initiation of an investigation.    
 However, after receipt of a properly documen ted claim and before the initiation of an 
investigation, the Commission shall notify the government of the exporting country.     The Commission shall not initiate an investig ation and the claim shall be rejected if it 
determines that there is not sufficient evidence of either dumping or of injury to justify proceeding 
with the case.   G/ADP/N/1/MKD/2 
Page 8  
 
   The Commission shall not initiate an investigation if it determines that the margin of dumping 
is de minimis  or that the volume of dumped imports is negligible.   
  The margin of dumping shall be considered to be de minimis  if this margin is less than 2 per 
cent, expressed as a percentage of the export price.   
 
 The volume of dumped imports from a particular country shall be considered negligible, if it 
represent less than 3 per cent of the total imports of like product in the Republic of Macedonia, unless 
imports from countries whose individual shares of to tal imports collectively account for more than 
7 per cent of the total imports of the like product in the Republic of Macedonia.   
 
 Where during proceeding shall be determined that  there is sufficient evidence, to justify the 
initiation of an investigation, the Commission shall take a decision on initiation of an investigation 
and publish a notice in the "Official Gazette of the Republic of Macedonia".    
 
Article 14 
Public notice of initiation 
 
 The notice of initiation of the investigation shall contain:    
- date of initiation of investigation;   
- indication of the product and countries concerned;   
- give a summary of the information received, and pr ovide that all relevant information is to be 
communicated to the Commission;  
- the periods within which interested party ma y make themselves known, present their views in 
writing and submit information, if such views and information are to be taken into account 
during the investigation;   
- the period within which interested parties may apply to be heard by the Commission.   
  The Commission shall advise the exporters, im porters and the government of the exporting 
country, and other interested parties of the initiation of the proceedings.   
 
 An anti-dumping proceeding shall not hinder th e procedures of customs clearance.    
  
Article 15 
The investigation 
 
 The investigation shall cover simultaneously dumping and injury.  For this purpose the Commission shall deliver a questionnaire to all in terested parties considered to dispose with 
information and data relevant to the investigati on, including known domestic producers, exporters, 
importers, and foreign producers.   
 
 Exporters and foreign producers receiving qu estionnaires shall be obliged to deliver the 
replies within 30 days from the receipt of the ques tionnaire.  The day of receipt of the questionnaire 
shall be deemed the seventh day from the day on wh ich it was sent to the respondent or transmitted to 
the appropriate diplomatic representa tive of the exporting country.   
 
 At the request of exporters or foreign pr oducers, the Commission may extend the 30-day 
period provided that due cause for such extension exists.     The interested parties which have made them selves known, during the investigation, shall be 
heard if they have, within the period prescribed in the notice published in the Official Gazette of the  G/ADP/N/1/MKD/2 
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  Republic of Macedonia, made a written request for a hearing showing that they are interested party 
likely to be affected by the result of the proceedi ng and that there are particular reasons why they 
should be heard.     Opportunities shall, on request, be provi ded for the importers, exporters and the 
representatives of the government of the exporting country, to meet those parties having adverse 
interests, so that opposing views may be presented an d rebuttal arguments offered.  Provision of such 
opportunities must take account of the need to pr eserve confidentiality and of the convenience to the 
parties.    
 Except in circumstances provided in Article 27 of this Decision, the information which is 
supplied by interested parties and upon which finding s are based shall be examined for accuracy as far 
as possible.     In case the interested parties reject to give  information or do not deliver them in the 
prescribed period, the Commission shall take a decision on the bases of available facts.   
  An investigation shall, except in special ci rcumstances, be concluded by the Commission 
within one year, and in no case more than 15 months after its initiation.     V. ANTI-DUMPING DUTIES 
 
Article 16 
Provisional anti-dumping duty 
  The Commission shall propose to the Government of the Republic of Macedonia to take a 
decision on provisional anti-dumping duty if:    
- an investigation has been initiated and inte rested parties have been given adequate 
opportunities to submit the information and make comments;  
 
- a provisional affirmative determination has been  made of dumping and consequent injury to 
the domestic industry;  and 
 
- such measure is necessary to prevent injury during the investigation.   
 
 The amount of the provisional anti-dumping duty shall not exceed the margin of dumping as 
provisionally established, but it should be less than th e margin, if such lesser duty would be adequate 
to remove the injury to the domestic industry.     When the Government of the Republic of Macedonia shall impose provisional anti-dumping 
duty, the payment of this duty shall be the conditi on for releasing the goods for free circulation into 
the Republic of Macedonia.   
  The provisional anti-dumping duty shall be  imposed no earlier than 60 days from the 
initiation of the proceedings, and shall appl y for a maximum period of six months.   
 
 The Commission may, upon request by exporters representing a significant percentage of 
trade involved, propose to the Government of th e Republic of Macedonia, to extend the period of 
application of provisional duty to a period not exceeding nine months.   G/ADP/N/1/MKD/2 
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  Article 17 
Price Undertakings 
 
 Investigation may be terminated without impos ition of provisional or definitive anti-dumping 
duty upon receipt of satisfactory vol untary undertakings from any exporter to revise its prices or to 
cease exports to the area in question at dumped pri ces, so that the Commission is satisfied that 
injurious effect of the dumping is eliminated.     Price increases under such undertakings shall not be higher than necessary to eliminate the 
margin of dumping and they should be less than the margin of dumping if such increases would be 
adequate to remove the injury to the domestic industry.   
  Undertakings may be suggested by the Commission, but no country or exporter shall be obliged to enter into su ch an undertaking.   
 
 Price undertakings, under paragr aphs 1 and 2 of this Article, shall not be sought or accepted 
from exporters unless a provisional affirmative determ ination of dumping and injury caused by such 
dumping has been made.     Undertakings offered need not be accepted if the Commission consider their acceptance is 
impractical if such as where the number of actual or potential exporters is too great, or for other 
reasons.  In that case, the Commission shall provide to the exporter, with the reasons to reject the offer 
of an undertaking.     If the undertakings are accepted, the investigation of dumping and injury shall normally be completed.  In such a case, if a negative determin ation of dumping or injury is made, the undertaking 
shall automatically lapse.   
  The Commission shall require any exporter fro m which undertakings has been accepted to 
provide, periodically, information relevant to the fulfilment of such undertaking, and to permit 
verification of pertinent data.  Non-compliance with  such requirements shall be construed as a breach 
of the undertaking.   
 
 In case of breach or withdrawal of undert akings, the Commission shall propose to the 
Government of the Republic of Macedonia to impose a  definitive duty, on the basis of the facts 
established within the context of the investigation,  provided that such investigation was concluded 
with a final determination as to dumping and injury, and that the exporter concerned, has been given 
an opportunity to comment.   
  A notice of undertakings with relevant elements  shall be published in the Official Gazette of 
the Republic of Macedonia.     
Article 18 
Termination without measures 
 
 The request under Article 45-b paragraph 3 of  the Law on Trade may be withdrawn at any 
time after an investigation has been initiated in  which case, the Commission shall terminate the 
investigation without proposal for imposition of duties,  unless it determines that it is in the interest of 
the Republic of Macedonia to continue the investigation.     The investigation shall be terminated at any time where the Commission is satisfied that there 
is no sufficient evidence of either dumping or in jury to justify proceed ing with the case.   
  G/ADP/N/1/MKD/2 
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  Article 19 
Definitive anti-dumping duty 
 
 Where the facts show that there is dumpi ng and injury caused thereby, the Commission 
pursuant to Article 45-b paragraph 3 of the Law on  Trade, may propose to the Government of the 
Republic of Macedonia to pass a decision on imposition of definitive anti-dumping duty.   
  A definitive anti-dumping duty shall be imposed  in the appropriate amount in each case, on a 
non-discriminatory basis, on imports of products from all sources found to be dumped and causing injury, except as to imports from those sources from which undertakings under the terms of this 
Decision have been accepted.   
  The amount of the anti-dumping duty shall not exceed the margin of dumping established but it should be less than the margin, if such lesser duty was to be adequate to remove the injury to the 
domestic industry.   
 
 If the provisional anti-dumping duty is lowe r than the definitive anti-dumping duty, the 
difference shall not be collected.  If the provisional anti-dumping duty is higher than the definitive anti-dumping duty, the difference shall be returned.     When the Commission has limited its examina tion, any anti-dumping duty applied to imports 
from exporters or producers, which have made themselves known in accordance with Article 26 of 
this Decision, but were not included in the examin ation shall not exceed the weighted average margin 
of dumping established for the parties in the sample.    
For the purpose of this Article, the Commission shall disregard any zero and de minimis  
margins, and margin established in the circumstan ces referred to in Article 27 of this Decision.  
Individual duties shall be applied to imports fro m any exporter or producer for which is granted 
individual treatment, as provided for in Article 26 of this Decision.     
Article 20 
Decision on anti-dumping duty 
 
 The Decision on imposition of provisional or definitive anti-dumping duty by the Government of the Republic of Macedonia, shall be published in the "Official Gazette of the Republic 
of Macedonia".   
 
 The Decision referred to in paragr aph 1 of this Article contains:   
 
- data on imported product, that comprise the tariff classification (8 or 10 digits) and a 
description pursuant to Customs Tariff Regulations;   
- determined margins of dumping and explan ation of methodology for determination and 
comparison of the export price with normal value;   
- data on determined injury based on evidences;   
- the amount of anti-dumping duty;   
- duration of anti-dumping duty;   
- date from which the anti-dumping duty shall apply;   
- the name of the exporter to which the decision relates;  and 
- if the decision relates to more exporters fro m the same country, and it is not possible to 
enlist them separately, only the exporting county is stated.   G/ADP/N/1/MKD/2 
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  Article 21 
Retroactivity 
 
 Provisional and definitive anti-dumping duties sh all only be applied to products that are 
imported for consumption after the time when th e Decision, under paragra ph 1 of Article 16 and 
paragraph 1 of Article 19, enters into force.   
  As an exception to paragraph 1 of this Article , where a provisional duty has been applied, and 
the facts as finally established show that there is  dumping and injury, the Commission shall propose to 
the Government of the Republic of Macedoni a to pass a decision, what portion of the  provisional duty 
is to be definitely collected.  In that case, th e definitive duty may be imposed only from the date on 
which a final determination of threat of injury or ma terial retardation to domestic production is made.   
  A definitive anti-dumping duty may be retroac tively imposed on products which were entered 
for consumption not more than 90 days prior to the date of application of the provisional duty, but not 
prior to the initiation of the investigation, provided  that the importers concerned have been given an 
opportunity to comment.     Definitive anti-dumping duty referred to in paragr aph 3 of this Article may be imposed if:   
 
(a) there is a history of dumping which caused injury or that the importer was, or should 
have been aware of, the existence of dum ping and that such dumping would cause 
injury;  and;  
 
(b) the injury is caused by massive dumped imports of a product in a relatively short time 
which in light of the timing and the volume and other circumstances, is likely to 
seriously undermine the remedial effect of the definitive anti-dumping duty to be 
applied.   
  
Article 22 
Duration and review of anti-dumping duties 
 
 An anti-dumping duty shall remain in force onl y as long as, and to the extent that, it is 
necessary to counteract dumping which is causing injury to the domestic industry.     A definitive anti-dumping duty shall expire five years from its imposition or five years from 
the date of the most recent review, pursuant to Article  23 of this Decision, if that review has covered 
both dumping and injury.     The Commission shall, no latter than three mont hs before the expiry of the period referred to 
in paragraph 2 of this Article, publish a notice ther eon in the Official Gazette of the Republic of 
Macedonia.   
 
 An expiry review shall be initiated on the initiative of the Commission, or upon a request made by or on behalf of the domestic industry.     An expiry review shall be initiated where the request contains sufficient evidence that expiry 
of the duty would be likely to result in a continuation or recurrence of dumping and injury.   
  The review request, pursuant to paragraph 4 of  this Article, shall be submitted no later than 
three months before the end of expiration of the measures.    
 The anti-dumping duty shall remain in force pending the outcome of such review.    G/ADP/N/1/MKD/2 
 Page 13 
 
 
  Article 23 
Interim reviews 
 
 The need for the continued imposition of an anti-dumping duty may also be reviewed on the 
initiative of the Commission or upon a request by an y exporter, importer or by the domestic industry 
which contains sufficient evidence substantiati ng the need for such an interim review.   
  The review referred to in paragraph 1 of th is Article shall be initiated where the request 
contains sufficient evidence that the continued app lication of duty is no longer necessary to offset the 
dumping , or that the injury would be unlikely to continue or recur if the ant-dumping duty was 
removed or varied, or that the existing duty is no  longer sufficient to counteract the dumping which is 
causing injury.     The review referred to in paragraph 1 of this Article shall be concluded within 12 months of 
the date of the initiation of the review.   
 
 A review shall also be carried out for the purpose of determining individual margins of dumping for new exporters in the exporting countr y which have not exported the product during the 
period of investigation on which the measures were based.  The review shall be initiated where a new 
exporter or producer can show that it is not rela ted to any of the exporters or producers in the 
exporting country which are subject to anti-dumping duties on product.   
 
 
VI. EVIDENCE 
 
Article 24 
Confidentiality 
 
 Any information which is by nature confidentia l, or which is provided on a confidential basis 
by parties to an investigation shall, if good cause is shown, be treated as such by the Commission.   
  The Commission shall require interested parti es providing confidential information to furnish 
non-confidential summaries thereof.  These summari es shall be in sufficient detail to permit a 
reasonable understanding of the substance of th e information submitted in confidence.   
  If it is considered that a request for confidentia lity is not warranted and if the supplier of the 
information is either unwilling to make it available or to authorize its disclosure in generalized or 
summary form, the Commission may di sregard such information.   
  
Article 25 
Verification of information 
  The Commission shall, where it considers it appropriate, examine the records of importers, 
exporters, traders, agents, producers, trade associat ions and organizations provided on dumping and 
injury.     The Commission may carry out investigations in  other countries as required, provided that it 
obtains the agreement of the firms concerned, that  it notifies the representatives of the government of 
the country in question and provided that they do not object to the investigation.  As soon as the agreement of the firms concerned has been obtaine d the Commission should notify the government of 
the exporting country of the names and addresses of th e firms to be visited and the dates agreed.   
 G/ADP/N/1/MKD/2 
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   The firms concerned shall be advised of the na ture of the information to be verified during 
verification visits and of any further information, wh ich needs to be provided during such visits.  This 
should not preclude requests made during the verificati on for further details to be provided in the light 
of the information obtained.    
 
Article 26 
Sampling 
 
 In cases where the number of producers, exporters or importers, types of product or 
transactions is large, the investigation may be limited to: 
 
(a) a reasonable number of parties, products or transactions by using samples which are 
statistically valid on the basis of information available at the time of the selection;  or 
 
(b) the largest representative volume of the production, sales or exports which can 
reasonably be investigated within the time available.   
  The selection of parties, types of products or tr ansactions made under th is Article shall rest 
with the Commission, though preference shall be give n to choosing a sample in consultation with, and 
with the consent of, the parties concerned, prov ided that such parties make themselves known and 
make sufficient information available, within th ree weeks of initiation of the investigation.   
  In cases where the examination h as been limited in accordance with  this Article, an individual 
margin shall, nevertheless, be calculated for any exporter or producer not initially selected who 
submits the necessary information within the time lim its provided for in this Decision, except where 
the number of exporters or producers is so larg e that individual examinations would be unduly 
burdensome and would prevent comple tion of the investigation.   
  Where it is decided to sample and there is a degree of non-cooperation by some or all of the parties selected which is likely to materially aff ect the outcome of the investigation, a new sample 
may be selected.  If a material degree of non-cooperati on persist or there is insufficient time to select a 
new sample, the relevant provisions of Artic le 27 of this Decision shall apply.   
  
Article 27 
Non-cooperation 
 
 In cases in which any interested party re fuses access to, or otherwise does not provide, 
necessary information within the time limits provided in this Decision, or significantly impedes the 
investigation, provisional or final findings, affirmat ive or negative, may be made on the basis of the 
facts available.    
 Where it is found that any interested party has supplied false or misleading information, the 
information shall be disregarded and use may be made of the facts ava ilable.  Interested parties should 
be made aware of the consequences of non-cooperation.     Failure to give a computerized response sha ll not be deemed to c onstitute non-cooperation, 
provided that the interested party shows that pr esenting the response as requested would result in an 
unreasonable extra burden or additional cost.     Where the information submitted by an interest ed party is not ideal in all respects it should 
nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue  G/ADP/N/1/MKD/2 
 Page 15 
 
 
  difficulty in arriving at a reasonably accurate fi nding and that the information is appropriately 
submitted in good time.     If evidence or information is not accepted, the su pplying party shall be informed forthwith of 
the reasons therefore and shall be granted an opport unity to provide further explanations within the 
time limit specified.  If the explanations are consid ered unsatisfactory, the reasons for rejection of 
such evidence or information shall be di sclosed and given in the findings.   
  The Commission may check the information supplied from other independent sources, such as published price lists, official import statistics a nd customs returns, or information obtained from 
other interested parties during the investigation.   
  
Article 28 
Final provisions 
 
 This Decision shall enter into force on the eight day from its publication in the "Official 
Gazette of the Republic of Macedonia".      
No.19-5270/1                        the Vice President of the Government 
4 September 2007                   of the Republic of Macedonia S k o p j e                         Msc Zoran Stavreski   
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